Amend HB 636 (house committee report) as follows:

(1)  In SECTION 18 of the bill (page 10, line 26, through page 11, line 5), add the following appropriately numbered subdivisions and renumber the subdivisions of the SECTION accordingly:

(____)  Section 1301.258(c), as added by Chapter 819 (SB 282), Acts of the 78th Legislature, Regular Session, 2003;

(____)  Section 1301.304(b);

(____)  Section 1301.4522;

(____)  Section 1301.502(b);

(2)  Add the following appropriately numbered SECTIONS to the bill and renumber the SECTIONS of the bill accordingly:

SECTION ____.  Section 1301.203(b), Occupations Code, is amended to read as follows:

(b)  A field representative may:

(1)  conduct on-site license checks to determine compliance with this chapter;

(2)  investigate consumer complaints filed under Section 1301.303;

(3)  assist municipal plumbing inspectors in enforcing this chapter; and

(4)  [issue citations as provided by Section 1301.502; and

[(5)]  in the performance of the field representative's other duties under this chapter, check the license, registration, or endorsement of a person regulated by the Texas Department of Licensing and Regulation in accordance with the memorandum of understanding adopted under Section 1301.259 and report any noncompliance to that agency.

SECTION ____.  Section 1301.258(b), Occupations Code, as added by Chapter 819 (SB 282), Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows:

(b)  The presiding officer of the board shall appoint the members of the committees. [Except as provided by Subsection (c), each committee member must be a member of the board.]

SECTION ____.  Section 1301.304(a), Occupations Code, is amended to read as follows:

(a)  The board [enforcement committee] or an employee designated by the board [enforcement committee] may investigate an alleged violation of this chapter or a board rule [that is reported to the board].

SECTION ____.  Section 1301.502(a), Occupations Code, is amended to read as follows:

(a)  A [field representative,] water district plumbing inspector[,] or, within the jurisdiction of the municipality, municipal plumbing inspector may issue a citation to a person who engages in conduct described by Section 1301.508.

SECTION ____.  The heading to Section 1301.703, Occupations Code, is amended to read as follows:

Sec. 1301.703.  [REPORT AND] NOTICE OF VIOLATION AND PENALTY.

SECTION ____.  Sections 1301.703(a) and (b), Occupations Code, are amended to read as follows:

(a)  If the board [enforcement committee] determines that a violation occurred, the board [enforcement committee may issue to the board a report stating:

[(1)     the facts on which the determination is based; and

[(2)     the committee's recommendation on the imposition of the penalty, including a recommendation on the amount of the penalty.

[(b)     Not later than the 14th day after the date the report is issued, the enforcement committee] shall give written notice of the violation [report] to the person alleged to have committed the violation.

SECTION ____.  Sections 1301.704(a) and (b), Occupations Code, are amended to read as follows:

(a)  Not later than the 20th day after the date the person receives the notice, the person in writing may:

(1)  accept the determination and recommended penalty of the board [enforcement committee]; or

(2)  make a request for a hearing on the occurrence of the violation, the amount of the penalty, or both.

(b)  If the person accepts the determination and recommended penalty of the board [enforcement committee], the board by order shall approve the determination and impose the recommended penalty.

SECTION ____.  Section 1301.705(a), Occupations Code, is amended to read as follows:

(a)  If the person requests a hearing, the board [enforcement committee] shall set a hearing and give written notice of the hearing to the person. An administrative law judge of the State Office of Administrative Hearings shall hold the hearing.

SECTION ____.  Sections 1301.708(a) and (b), Occupations Code, are amended to read as follows:

(a)  Within the 30-day period prescribed by Section 1301.707, a person who files a petition for judicial review may:

(1)  stay enforcement of the penalty by:

(A)  paying the penalty to the court for placement in an escrow account; or

(B)  giving the court a supersedeas bond approved by the court that:

(i)  is for the amount of the penalty; and

(ii)  is effective until all judicial review of the board's order is final; or

(2)  request the court to stay enforcement of the penalty by:

(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and

(B)  sending a copy of the affidavit to the board [enforcement committee] by certified mail.

(b)  If the board [enforcement committee] receives a copy of an affidavit under Subsection (a)(2), the executive director may file with the court, not later than the fifth day after the date the copy is received, a contest to the affidavit.

SECTION ____.  Section 372.0035(h), Health and Safety Code, is amended to read as follows:

(h)  Within [A field representative of the Texas State Board of Plumbing Examiners or, within] the jurisdiction of a municipality, a municipal plumbing inspector may issue a citation to a person who violates this section.